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HomeMy WebLinkAboutContract 53943-A1 CSC No.53943-A1 FIRST (1) AMENDMENT TO CITY OF FORT WORTH CONTRACT 53943 BETWEEN THE CITY OF FORT WORTH AND SWEEPS SOFTWARE INC. This First Amendment(the "First Amendment")is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise Counties, (hereinafter referred to as the "City" or "Customer"), acting by and through Valerie Washington, its duly authorized Assistant City Manager, and Sweeps Software, Inc. (hereinafter referred to as the "Vendor" or "SWEEPS"), acting by and through Kevin R. Thrasher, President/CEO, for restricted access to SWEEPS SOFTWARE SYSTEM. Each party shall be individual referred to herein as Party and collectively as Parties. RECITALS WHEREAS, on or about May 27, 2020, the City entered into an Agreement with the Vendor to provide the City with restricted access to SWEEPS SOFTWARE SYSTEM under City Secretary Office (CSO) Contract No. 53943 (the "Agreement"); WHEREAS, changes to the Agreement can be made by mutual agreement; WHEREAS,the annual use fee to the City for restricted access to SWEEPS SOFTWARE SYSTEM under the Agreement was for $600.00; WHEREAS, due an increase in Vendor's pricing, the annual use fee to the City for restricted access to SWEEPS SOFTWARE SYSTEM under the Agreement will increase to a new annual use fee of$1,500.00; and WHEREAS, the Parties mutually agree to amend the Agreement to increase the annual use fee to $1,500.00 as indicated in Appendix A attached to this First Amendment. NOW THEREFORE Parties do hereby agree to the following: I AMENDMENT TO AGREEMENT The following terms are hereby amended to either replace any conflicting terms in the Agreement or shall be added to the terms and shall be binding and enforceable as if they were originally included therein and the amended agreement shall be referred to as the Agreement in all future documents. 1. Section II of the Agreement titled Charges is amended by deleting the section in its entirety and replacing it with the following language: II. CHARGES The charges for SWEEPS are based on a mutually agreed on Annual amount. First Amendment to CSC53943 OFFICIAL RECORD CoFW and SWEEPS Software,Inc. CITY SECRETARY FT.WORTH, TX Charges detailed in Appendix A, SWEEPS Charges for the period of June 1, 2022 through May 31, 2024. The charges for services stipulated herein are subject to revision for any changes the Customer may make to its requirements or for additional work requested which is not set forth in this agreement or in the Appendices. 2. Section VIII of the Agreement titled Representations is hereby amended by deleting the section and replacing it with the following language: VIII. REPRESENTATIONS This agreement, Appendix `A' SWEEPS —Charges for the Period of June 1,2022 through May 31, 2024; and Appendix `B', SWEEPS— Site license Agreement shall constitute the entire agreement of the parties and shall supersede any prior arrangements, either oral or written pertaining to the contemplated services. The terms and conditions of this agreement may be changed by written mutual consent. 3. Appendix A of the Agreement, titled SWEEPS CHARGES, is hereby deleted and replaced with the Appendix A attached to this First Amendment. II. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. III. ELECTRONIC SIGNATURE This First Amendment may be executed in multiple counterparts,each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. [SIGNATURE PAGE FOLLOWS] First Amendment to CSC 53943 Page 2 of 4 CoFW and SWEEPS Software,Inc. IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective the day the Assistant City Manager signs this Agreement. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: YaCs�ce-Wa�lis�utfar� By signing I acknowledge that I am the By: Valerie Washington(Apr 1,20 11:4,CDT) person responsible for the monitoring and Name: Valerie Washington administration of this contract, including Title: Assistant City Manager ensuring all performance and reporting Date: Apr 1, 202;0 requirements. APPROVAL RECOMMENDED: Gy tl_md e avve/f By: Wydie Turpen(Mar2,202214:58 CDT) Name: Wyndie Tureen By: Title: Code Compliance Superintendent Name: David B. Carson Title: Sr.Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: ATTEST: By: '75' aee" Name: Christopher Austria By; ette S.Goodall(Apr 1,2022 13:0 T) Title: Assistant City Attorney Name: Jannette Goodallf on Title: City Secretary rov. oro CONTRACT AUTHORIZATION: pp.�.o `,-J0, M&C: N/A 0_o Form 1295• N/A P�0 o o 0 o° 0 °L000000� .d zxwkq VENDOR: SWEEPS Software,Inc. By: Kevin RTh rasher(Mar 28,202212:45 PDT) Name: Kevin R. Thrasher Title: President/CEO Date: M a r 28, 203W OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment to CSC 53943 Page 3 of 4 CoFW and SWEEPS Software,Inc. APPENDIX A: SIVEMPr CHARGES Charges for City of Fort Worth,Texas June 1,2022—May 31,2024 Charges for,MMI are as follows: Annual Restricted Use Fee for SWEEPS............$1,500.00 S.S.I. grants the customer full access for one(1)user only.All other users will be allowed Restricted Use Only. Restricted Use is defined as"Read Only"access.There shall be no new data input into SWEEPS by restricted users from the start date of this agreement. S.S.I.reserves the right to audit the customer data at its discretion to ensure compliance. Page 6 of 9 First Amendment to CSC 53943 Page 4 of 4 CoFW and SWEEPS Software,Inc.